To win a contested workers’ compensation case in Pennsylvania, the injured worker must prove that he or she suffered an injury while in the scope and course of employment and that he or she is disabled as a result of such injury. The situation only changes moderately when the injured…
In law, almost every cause of action has a “statute of limitations.” This is simply a time within which a cause of action can be brought. Typically, if a suit or action is not filed within the applicable statute of limitations, the suit or action will be dismissed. Pennsylvania workers’…
A recent study from Northwestern Medicine and the Rehabilitation Institute of Chicago, published in Science Daily, relates that scientists have identified what part of a patient’s brain is triggered during a “placebo effect.” A “placebo” is a “fake medicine,” which can actually cause real pain relief. We have many injured…
When the Supreme Court of Pennsylvania decided Lewis v. Workers’ Compensation Appeal Board back in 2007, we attorneys who represent the injured worker thought things had really changed. No longer could the workers’ comp insurance carrier file Termination Petition after Termination Petition in an endless series to evade the payment…
There is an old saying in law that one only gets “one bite at the apple.” That means, basically, that you have a chance to file your claim or suit or whatever, litigate the issue and obtain a final decision. Once that is done, you can file an appeal of…
As we have mentioned several times on this blog, and even discussed on our website, most employees in Pennsylvania are covered under the Pennsylvania Workers’ Compensation Act. However, different groups of employees fall outside this coverage for various reasons. One of those groups, employees who work in maritime industry, was…
***********SUPREME COURT OF PENNSYLVANIA HAS ACCEPTED APPEAL – UPDATE WILL FOLLOW WITH DECISION******** Under the Pennsylvania Workers’ Compensation Act, injured workers in PA are protected against most types of injuries or conditions. One thing specifically noted is a category of “occupational diseases.” These cover ailments found predominantly in a…
In theory, a workers’ compensation insurance carrier can be required to pay part of, or even the entire, cost of counsel fees owed to the attorney for the injured worker. This is to be awarded any time the insurance carrier lacks a “reasonable basis” to file or defend a litigation. …
Back in February, 2015, we posted a blog entry expressing our disappointment in the decision rendered by the Commonwealth Court of Pennsylvania in the matter of IA Construction Corporation v. Workers’ Compensation Appeal Board (Rhodes). We are now delighted to relate that the Supreme Court of Pennsylvania, the top appellate…
While I apologize to my clients for not being available for the last couple of days, I think you will agree that the absence was for a good cause. For the last several years, I have attended the Annual Pennsylvania Bureau of Workers’ Compensation Seminar, which was held earlier this…